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Federal government to appeal prostitution ruling

The federal government will appeal an Ontario court ruling that struck down Canada's anti-prostitution laws.

Justice Minister Rob Nicholson made the announcement today in the House of Commons.

Tuesday's decision struck down three provisions of the Criminal Code surrounding prostitution -- communicating for the purposes of prostitution, keeping a common bawdy house, and living on the avails of the trade – saying they are a danger to sex workers.

The act of prostitution is not illegal in Canada, but virtually everything surrounding it is.

Justice Susan Himel of the Ontario Superior Court wrote in her 131-page decision that the laws, "individually and together, force prostitutes to choose between their liberty interest and their right to security of the person as protected under the Canadian Charter of Rights and Freedoms."

Tuesday's decision is subject to a 30-day stay during which the laws remain in place; the federal government can seek an extension of that period.

Ontario Premier Dalton McGuinty said Wednesday he expected the federal government to appeal.

McGuinty says the ruling proposes some profound changes to laws that have been on the books for decades, and Ontario "looks forward" to supporting the federal Conservatives in the expected appeal.

Former prostitute against ruling

A former sex-trade worker who now helps prostitutes trying to leave the trade, says the court's decision to strike down Canada's laws surrounding prostitution was a terrible move.

Natasha Falle, who runs StreetLight, a non-profit organization that provides support services for sex workers, and works with the Toronto Police's Sex Crimes Unit, says she was "shocked" by Tuesday's court decision.

"It was very disappointing for me that a judge would determine that this is the best solution for protecting people in the sex trade industry," Falle told CTV's Canada AM Wednesday morning.

Those who wanted the laws to be quashed say they forced hookers to work the streets, instead of in the safety of their homes. But Falle says decriminalizing all aspects of prostitution is not the solution.

"I don't think Canadians understand what this means. This means, if this decision is to carry through… your next door neighbours can run a brothel right beside you. Your children could be exposed to condoms left on their driveway, johns propositioning them," she said.

Falle also worries that by normalizing prostitution, it gives children the idea that prostitution is a good and acceptable way to make a living.

"Thirteen to 16 years old is the average age that someone enters prostitution. So when do we start referring to them as sex workers?" she said.

The laws that were struck down Tuesday do not apply to child sex workers, only to those over 18.

Ron Marzel, one of the lawyers for the women who challenged the laws, says he was "thrilled" with Tuesday's decision which he says will protect sex workers, who should have the right to practise their profession safely.

"Certainly, we need social programs to make sure that children in the profession; however, the reality is there are consenting adults who want to go into this profession," he said on Canada AM.

Falle grew incensed at this, insisting that 97 per cent of prostitutes aren't in the sex trade by choice. She says the voices of the overwhelming majority of women who want to get out of prostitution are being drowned out by a vocal few.

"The voices we are hearing right now are the minority voices and they are only strong because of circumstances in Ontario. All the other provinces are not on board with this."

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Photos

Minister of Justice and Attorney General of Canada Rob Nicholson responds to a question during Question Period in the House of Commons on Parliament Hill in Ottawa, Thursday, June 17, 2010. (Adrian Wyld / THE CANADIAN PRESS)

Terri-Jean Bedford, middle, and law professor Alan Young, third from left, react to a decision by an Ontario court that has struck down key provisions of Canada's anti-prostitution laws, in Toronto Tuesday, Sept. 28, 2010.